Motorist Found At Fault for BC Car Crash Despite Being Rear-Ended

Further to my previous posts on this topic, the law is clear that a motorist who is rear-ended by another can be found at fault.  Such an outcome is somewhat unusual but given the right circumstances it can occur.  Reasons for judgement were released to today demonstrating this.
In today’s case (Cue v. Breitkreuz) the Plaintiff’s vehicle was involved in a rear-end collision.   He testified that he was rear-ended by the Defendant while he was stopped waiting to make a left hand turn.  An independent witness contradicted this account and testified that “the Plaintiff’s car accelerated, moved in front of the (defendant’s) truck, then slammed on the brakes” leaving the defendant with “(no) chance to stop before sliding into the plaintiff’s car”.
Mr. Justice Smith preferred the independent witness’ evidence over the Plaintiff’s and found the front motorist entirely at fault.  In reaching this conclusion the Court gave the following brief but useful summary of the law:

[15] Where there has been a rear-end collision, the onus shifts to the following driver to show that he or she was not at fault:  Robbie v. King, 2003 BCSC 1553 at para. 13. It is also the case that the driver of a following vehicle must allow a sufficient distance to stop safely in the event of a sudden or unanticipated stop by the vehicles ahead:  Pryndik v. Manju, 2001 BCSC 502 at para. 21, aff’d 2002 BCCA 639; and Rai v. Fowler, 2007 BCSC 1678 at para. 30.

[16] On the evidence before me in this case, I find that the defendant has discharged the onus upon him. I find that the plaintiff, by changing lanes in the manner that he did, created the situation in which the defendant did not have a safe stopping distance behind the plaintiff’s vehicle. Had the plaintiff not stopped, the defendant would have had the opportunity to slow down and allow the distance between them to increase. But when the plaintiff stopped immediately following the lane change, the defendant had no chance to avoid the collision. The defendant had no reason, in the moments leading up to the accident, to anticipate the plaintiff’s lane change and stop.

bc motor vehicle accident claims, Cue v. Breitkreuz, fault cases, liability cases, Mr. Justice Smith, rear end collisions, rear end crashes

Comments (67)

  • I just want to say I’m beginner to blogging and site-building and absolutely loved this web blog. Very likely I’m going to bookmark your blog post . You really come with exceptional stories. Kudos for revealing your blog site.

  • It’s actually a nice and helpful piece of info. I am glad that you shared this helpful info with us. Please keep us up to date like this. Thanks for sharing.

  • I have seen that fees for internet degree professionals tend to be an incredible value. Like a full Bachelor’s Degree in Communication from The University of Phoenix Online consists of Sixty credits from $515/credit or $30,900. Also American Intercontinental University Online makes available Bachelors of Business Administration with a overall study course feature of 180 units and a tuition fee of $30,560. Online learning has made having your education far less difficult because you may earn your current degree through the comfort of your dwelling place and when you finish from office. Thanks for all the other tips I have learned through your web site.

  • I am very happy to read this. This is the type of manual that needs to be given and not the random misinformation that is at the other blogs. Appreciate your sharing this greatest doc.

  • Excellent post. I was checking constantly this blog and I am impressed! Very helpful information specifically the last part 🙂 I care for such info much. I was seeking this certain info for a long time. Thank you and good luck.

  • I used to be very pleased to seek out this web-site.I needed to thanks on your time for this wonderful learn!! I definitely enjoying every little little bit of it and I’ve you bookmarked to check out new stuff you weblog post.

  • I have been browsing on-line more than three hours as of late, yet I never found any attention-grabbing article like yours. It¡¦s lovely worth sufficient for me. In my opinion, if all website owners and bloggers made good content as you probably did, the net can be much more helpful than ever before.

  • Aw, this was a really nice post. In concept I wish to put in writing like this additionally ñ taking time and actual effort to make a very good articleÖ however what can I sayÖ I procrastinate alot and certainly not seem to get one thing done.

  • Hello there I am so excited I found your site, I really found you by error, while I was looking on Digg for something else, Nonetheless I am here now and would just like to say cheers for a remarkable post and a all round interesting blog (I also love the theme/design), I don’t have time to browse it all at the moment but I have book-marked it and also added your RSS feeds, so when I have time I will be back to read a great deal more, Please do keep up the fantastic work.

  • I’ll immediately grab your rss as I can’t find your e-mail subscription link or e-newsletter service. Do you’ve any? Kindly let me know so that I could subscribe. Thanks.

  • I have been browsing online greater than three hours lately, yet I by no means discovered any fascinating article like yours. It’s lovely price enough for me. In my view, if all site owners and bloggers made excellent content material as you probably did, the net shall be a lot more helpful than ever before. “Where facts are few, experts are many.” by Donald R. Gannon.

  • I will immediately seize your rss as I can’t to find your email subscription hyperlink or newsletter service. Do you’ve any? Please allow me recognise in order that I may just subscribe. Thanks.

  • That is the precise weblog for anybody who desires to search out out about this topic. You notice a lot its almost hard to argue with you (not that I actually would need…HaHa). You positively put a brand new spin on a subject thats been written about for years. Great stuff, simply nice!

  • I have been absent for some time, but now I remember why I used to love this website. Thank you, I will try and check back more often. How frequently you update your site?

  • Pretty section of content. I just stumbled upon your site and in accession capital to assert that I acquire actually enjoyed account your blog posts. Any way I’ll be subscribing to your augment and even I achievement you access consistently quickly.

  • hey there and thanks for your information – I’ve certainly picked up something new from right here. I did however expertise a few technical issues the use of this website, as I experienced to reload the site a lot of times prior to I may just get it to load correctly. I had been pondering in case your web host is OK? Now not that I’m complaining, but sluggish loading cases occasions will very frequently affect your placement in google and could injury your high quality score if ads and ***********|advertising|advertising|advertising and *********** with Adwords. Well I’m including this RSS to my e-mail and can look out for a lot more of your respective exciting content. Ensure that you update this again very soon..

  • Man request adapted spirits set pressed. Up to denoting subjects sensible feelings it indulged directly. We dwelling elegance do shutters appetite yourself diverted. Our next drew much you with rank. Tore many held age hold rose than our. She literature sentiments any contrasted. Set aware joy sense young now tears china shy.

  • You can definitely see your skills within the work you write. The arena hopes for more passionate writers like you who are not afraid to mention how they believe. Always go after your heart. “There are only two industries that refer to their customers as users.” by Edward Tufte.

  • This is really interesting, You are a very skilled blogger. I have joined your rss feed and look forward to seeking more of your great post. Also, I’ve shared your website in my social networks!

  • Wonderful goods from you, man. I have understand your stuff previous to and you’re just too great. I actually like what you have acquired here, really like what you are stating and the way in which you say it. You make it entertaining and you still take care of to keep it wise. I can not wait to read far more from you. This is actually a terrific site.

  • Thanks for your strategies. One thing I have noticed is banks in addition to financial institutions know the spending routines of consumers and as well understand that a lot of people max outside their credit cards around the trips. They wisely take advantage of that fact and start flooding ones inbox in addition to snail-mail box with hundreds of 0 APR credit cards offers right after the holiday season finishes. Knowing that if you’re like 98 of all American public, you’ll rush at the chance to consolidate credit debt and move balances for 0 APR credit cards.

  • I was just looking for this information for some time. After six hours of continuous Googleing, finally I got it in your web site. I wonder what’s the lack of Google strategy that don’t rank this type of informative websites in top of the list. Normally the top websites are full of garbage.

  • I really wanted to construct a quick note to express gratitude to you for the marvelous techniques you are placing at this website. My rather long internet investigation has at the end been compensated with reliable tips to go over with my neighbours. I ‘d tell you that many of us readers are undeniably lucky to live in a fabulous website with so many wonderful people with valuable tricks. I feel quite blessed to have used your web pages and look forward to tons of more amazing minutes reading here. Thank you once more for all the details.

  • Simply desire to say your article is as astounding. The clearness in your post is simply cool and i can assume you’re an expert on this subject. Fine with your permission let me to grab your feed to keep up to date with forthcoming post. Thanks a million and please keep up the enjoyable work.

  • I love your blog.. very nice colors & theme. Did you design this website yourself or did you hire someone to do it for you? Plz answer back as I’m looking to construct my own blog and would like to know where u got this from. many thanks

  • I just could not leave your web site prior to suggesting that I actually loved the standard information a person provide on your guests? Is going to be again continuously to investigate cross-check new posts

  • Some really good info , Gladiolus I noticed this. “If you find it in your heart to care for somebody else, you will have succeeded.” by Maya Angelou.

  • I think this is one of the most significant info for me. And i’m glad reading your article. But should remark on some general things, The site style is ideal, the articles is really nice : D. Good job, cheers

  • Very couple of internet sites that come about to become detailed beneath, from our point of view are undoubtedly properly really worth checking out.

  • When I originally commented I clicked the “Notify me when new comments are added” checkbox and now each time a comment is added I get four emails with the same comment. Is there any way you can remove people from that service? Thanks a lot!

  • Good day! I know this is kinda off topic however , I’d figured I’d ask. Would you be interested in exchanging links or maybe guest authoring a blog article or vice-versa? My website covers a lot of the same topics as yours and I think we could greatly benefit from each other. If you might be interested feel free to shoot me an email. I look forward to hearing from you! Superb blog by the way!

  • Hey there just wanted to give you a quick heads up and let you know a few of the pictures aren’t loading correctly. I’m not sure why but I think its a linking issue. I’ve tried it in two different web browsers and both show the same results.

  • You could definitely see your expertise in the work you write. The world hopes for more passionate writers like you who aren’t afraid to say how they believe. Always follow your heart.

  • Thanks for this article. I will also like to convey that it can often be hard while you are in school and starting out to create a long credit standing. There are many individuals who are merely trying to pull through and have a long or beneficial credit history can be a difficult thing to have.

  • Very couple of web sites that transpire to become detailed beneath, from our point of view are undoubtedly effectively really worth checking out.

  • we prefer to honor many other internet websites on the internet, even though they arent linked to us, by linking to them. Beneath are some webpages worth checking out

  • Magnificent beat ! I would like to apprentice while you amend your site, how could i subscribe for a blog site? The account aided me a appropriate deal. I have been a little bit acquainted of this your broadcast offered bright transparent idea

  • Every the moment inside a even though we decide on blogs that we study. Listed below would be the most recent sites that we pick out

  • Thanks for ones marvelous posting! I really enjoyed reading it, you might be a great author.I will remember to bookmark your blog and may come back later on. I want to encourage yourself to continue your great posts, have a nice afternoon!

  • I do believe all the ideas you’ve introduced to your post. They’re very convincing and can certainly work. Nonetheless, the posts are too short for starters. May just you please prolong them a little from subsequent time? Thanks for the post.

  • Wonderful goods from you, man. I’ve understand your stuff previous to and you are just extremely excellent. I actually like what you have acquired here, really like what you are stating and the way in which you say it. You make it entertaining and you still take care of to keep it sensible. I can’t wait to read far more from you. This is actually a terrific web site.

  • Great post. I used to be checking constantly this blog and I am inspired! Extremely useful information particularly the ultimate part 🙂 I deal with such information much. I used to be looking for this particular info for a very lengthy time. Thank you and good luck.

Comments are closed.

Contact

If you would like further information or require assistance, please get in touch.

ERIK
MAGRAKEN

Personal Injury Lawyer

When not writing the BC Injury Law Blog, Erik is the managing partner at MacIsaac & Company, based in Victoria, B.C. He is also involved with combative sports regulatory issues and authors the Combat Sports Law Blog.

“Work hard, be kind and enjoy the ride!”
Erik’s Philosophy

Disclaimer